“An explosion?”
“Explosions have become all too common since those”-he stopped, glanced toward Zak-”since Green Rage came to Magic Valley.”
“There had been prior incidents?”
“Like about two dozen,” Wagner said. “More since. But before, they’d only blown up machinery and stuff. So I didn’t have any reason to believe this would be any different.”
“But it was different, wasn’t it?”
“Oh, yeah.” Wagner’s eyes seemed wide and hollow.
“How long did it take you to get to the clearing?”
“Not long. Maybe twenty, thirty minutes. I knew where it was, and I knew”-another glance at Zak-”well, I knew the logging operation had moved in there. So I thought there might be trouble.”
“Deputy Wagner, I know this won’t be easy for you, but I have to ask anyway. Would you please tell the jury what you saw when you arrived at the clearing?”
Wagner nodded, although it was clear he was not anxious to do so. “Well, the first thing I saw of course was the tree cutter. Or what was left of it.”
“Describe what a tree cutter is, please.”
“It’s a big piece of machinery. Like a tractor, with two big steel claws in front. They use it to-well, to cut trees, obviously.”
“And what condition was this particular tree cutter in?”
“It had been blown to smithereens.”
“Could you perhaps give us a more … detailed description?”
“The debris was everywhere. Big chunks of charred, blackened metal. Still hot to the touch. Some of the smaller pieces glowed red-they were that hot. I could tell it had once been a tree cutter, but to most folks, I think it would’ve just looked like a big hunk of junk.”
“Was it salvageable?”
“Oh, no way. It was obvious that thing would never cut again.”
“Did you notice anything else?”
Wagner’s chin sank. “Yeah. I did.”
“Please tell the jury what you saw.”
Wagner swallowed. “Well … of course the whole area had been destroyed. Burnt grass. Couple of trees had caught fire-we’re lucky we didn’t have a full-out forest fire.”
“Yes, yes,” Granny said. “Tell them about the body.”
“Objection,” Ben said. “Leading.”
Judge Pickens ran his tongue across the front of his teeth. “ ’Fraid he’s right, Madame Prosecutor. I think Mr. Kincaid is determined to make sure we play by the rules.” His voice dropped, though not so much that the jury couldn’t hear him. “Even if it does make everything take five times as long.”
Granny returned her attention to the witness. “Deputy Wagner, please tell us what else you saw.”
Now, having been properly cued, he went straight to what she wanted. “Well, I–I didn’t see it at first.” Ben noticed the trembling in his hands was becoming more pronounced. “Sad fact is, I almost tripped over the thing. Before I–I …” His voice drifted. “ ’Fore I realized what it was.”
“And what was it?”
“It was a person. Least it used to be.” He swallowed. “I found the corpse. Burned to a crisp.”
Granny paused a moment, allowing the jury to drink in that charming mental image. “Can you describe the state of the remains?”
“I’ll try. I can’t tell you what it was like seeing that-that nightmare right before my eyes, all alone, in the middle of the night.” He clamped his hands down on the edge of the witness box. “It was all black, head to toe. There was barely any skin left, and what was left was black. I could see the skull, the exposed eye sockets. Some of his internal organs were visible, and they looked like-”
“Your honor, I object,” Ben said. “This is not necessary.”
“Overruled,” Pickens said without even looking at him. “Please proceed, Deputy.”
“The organs looked … charred. Cooked.” Wagner had a pained expression on his face; Ben was afraid he might cry. “Some of the fingers and toes had been broken off. A spot on his chest looked as if it had been ripped open. There were even … animals. …” He lowered his head. “Insects and birds and things. Eating what there was to eat. The whole body looked like someone’d stuck him on a rotisserie spit and turned up the heat. It was awful.”
Well, Ben thought, Granny had promised the jury something gruesome-and shed delivered on her promise. Emphasizing the horror of the crime would only make it all the more likely the jury would convict.
“You mentioned a … rip in the man’s chest. Could you tell what caused it?”
“Looked like a gunshot wound to me.”
Ben had to object. “Your honor, this witness has not been qualified as a gunshot wound expert or a coroner. Absent any evidence-”
“I could see the bullet inside the man’s chest,” Wagner said firmly. “How’s that for evidence?”
Ben pressed his lips together. Not too shabby, as evidence goes. He sat down.
“Could you tell us where the gunshot wound was located, please?” Granny asked.
“Right here.” He touched a spot on the right side of his chest, just below the collarbone.
“What did you do after you saw the corpse?”
“Well, ’course that changed everything. I got on my radio and called for assistance.”
“And did they come?”
“Oh yeah. Sheriff Allen came personally, with several other deputies and crime scene specialists. They took control of the crime scene and relieved me.”
“And what did you do then?”
Wagner looked up. His eyes were watery and he still looked shaken. “Well, by then it was almost five in the morning. I went home. Tried to get some sleep.”
“And did you?”
Wagner shook his head. “No, ma’am. Not a wink.” He looked down at the floor. “I never even closed my eyes.”
Chapter 40
For a brief moment, Ben considered not cross-examining Deputy Wagner at all. There was no reason to believe he was lying; Ben didn’t doubt a word he had said. And none of his testimony directly incriminated Zak, although Ben knew he had laid the groundwork for much evidence yet to come.
Still, Ben thought, it was always possible he might accomplish something. And he didn’t like to give the jury the impression this was all the prosecutor’s show, that he wasn’t a player. He would remind them the defense existed, if nothing else. Best to give them their money’s worth.
Ben walked to the podium. “Deputy Wagner, my name is Ben Kincaid. I’m a lawyer, and I represent the defendant George Zakin in this trial. I’d like to ask you a few questions.”
“Okay,” Wagner gamely replied.
“The whole time you were testifying, Deputy, I kept wondering-who called you?”
Wagner’s head dipped. “Uh-what?”
“The call. In the middle of the night. Telling you about the explosion. Who called?”
“Oh. That was an anonymous tip.”
“And you don’t know who called?”
“No.”
“Weren’t you curious?”
“Anonymous tips aren’t that uncommon.”
“Deputy Wagner, how many people do you suppose were wandering around that forest at one in the morning?”
Wagner shrugged. “I don’t know. Not many.”
“But there are two people we know for certain were out there, right?”
Wagner shook his head. “Huh?”
“The victim. And the murderer.”
“Oh, right. Right.” His trembling intensified.
“So it’s just possible your call came from the murderer.”
“Well-”
“And that would give you a pretty good reason to find out who made the call, don’t you think?”
“Well, by the next morning, we already knew that Zakin-”
“Excuse me. Did you see my client at the scene of the crime?”
“No.”
“So all you know is that by the next morning the sheriff’s office suspected George Zakin, right?”
“Yes.”
“And since they already had an easy, convenient suspect, there was no reason to look for another one.”
“Well, I hardly think-”
“Once you had your obvious suspect, the search for other suspects came to a halt.”
“Objection, your honor.” Granny jumped to her feet, looking extremely indignant. “He’s not giving the witness a chance to answer. And he’s not really asking questions anyway. He’s making a speech.”